History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
Whereas application has been made before the municipal court of
{186} said city that the body (or bodies) of A B, &c., is or are in
the custody of C D, &c., of &c., these are therefore to command,
the said C D, &., of &c., to safely have the body (or bodies) of
said A B, &c., in his custody, detained, as it is said, together
with the day and cause of his (her or their) caption and detention
by whatsoever name the said A, B, &c., may be known or called,
before the municipal court of said city, forthwith to abide such
order as the said court shall make in his behalf; and further, if
the said C D, &c., or other person or persons having said A B, &c.,
in custody shall refuse, or neglect to comply with the provisions
of this writ, you, the marshal of said city, or other person
authorized to serve the same, are hereby required to arrest the
person or persons so refusing or neglecting to comply as aforesaid,
and bring him or them, together with the person or persons in his
or their custody, forthwith before the municipal court aforesaid,
to be dealt with according to law; and herein fail not to bring
this writ with you.
Witness, J. S., clerk of the municipal court at Nauvoo,
this......day of.........in the year of our Lord one thousand eight
hundred and forty.......... J. S., Clerk.
And [this shall] be directed to the city marshal, and shall be
served by delivering a copy thereof to the person or persons in
whose custody the prisoner or prisoners are detained, and said writ
shall be made returnable forthwith, and the form and substance
thereof, as herein set forth, and be taken and considered as part
and parcel of this ordinance. To the intent that no officer,
sheriff, jailer, keeper, or other person, or persons, upon whom
such writ shall be served, may pretend ignorance thereof, every
such writ and copy thereof served shall be endorsed with these
words, "By the Habeas Corpus Act;" and whenever the said writ shall
by any person be served upon the sheriff, jailor, keeper, or other
person or persons whomsoever, holding said prisoner or prisoners,
or being brought to him or them, or being served upon any of his
or their under-officers or deputies at the jail, or place where
the prisoner or prisoners are detained, he or they, or some of his
or their under-officers or deputies shall, upon payment or tender
of the charges of bringing the said prisoner or prisoners, to be
ascertained by the court awarding the said writ, and endorsed
thereon, not exceeding ten cents per mile; and upon sufficient
security given to pay the charges of carrying him, her, or them
back, if he, she, or they shall be remanded, make return of such
writ, and bring or cause to be brought, the body or bodies of the
prisoner or prisoners before the municipal court forthwith, and
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